Identification of illegal buildings outside the homestead area
First of all, it is necessary to clarify the legal area and building specifications of the homestead. The area and use authority of rural homestead are clearly defined in relevant laws and regulations. Housing construction that exceeds the approved area of homestead or is built without approval constitutes illegal construction. Relevant departments will conduct on-the-spot investigation to verify the illegal construction and make an appraisal.
Second, the treatment measures and procedures
For illegal buildings that exceed the area of the homestead, the relevant departments will take a series of treatment measures according to law. First of all, a rectification notice will be issued to the illegal construction households, requiring them to dismantle the redundant buildings themselves or restore them to their original state. If the illegal households fail to rectify within the prescribed time limit, the relevant departments will carry out compulsory demolition according to law. At the same time, serious illegal construction may face administrative penalties such as fines.
In the process of handling, relevant departments will strictly follow laws and regulations to ensure that the procedures are legal and fair. They will fully listen to the opinions and arguments of illegal construction households and protect their legitimate rights and interests. At the same time, publicity and education should be strengthened to improve farmers' understanding of the use of homesteads and building codes to prevent similar problems.
Third, guide farmers to build houses legally.
In order to avoid the problem of illegal construction of homestead, relevant departments should also strengthen guidance and services. They can provide consulting services on homestead planning and building regulations to help farmers understand relevant regulations and requirements. At the same time, it can also promote the design of new rural housing, guide farmers to build according to the plan, and improve the quality and style of rural housing.
To sum up:
The treatment of rural homestead beyond illegal construction needs to be carried out according to law, including identifying illegal construction, taking treatment measures and procedures, and guiding farmers to build houses legally. Strengthening management and service can effectively prevent and solve the problem of illegal construction of homestead and promote the standardized development of rural construction.
Legal basis:
the land administration law of the people's republic of china
Article 62 provides that:
Rural villagers can only own one homestead, and the area of the homestead shall not exceed the standards set by provinces, autonomous regions and municipalities directly under the central government.
People's Republic of China (PRC) (China) Urban and Rural Planning Law
Article 64 provides that:
Without obtaining the construction project planning permit or failing to carry out construction in accordance with the provisions of the construction project planning permit, the competent department of urban and rural planning of the local people's government at or above the county level shall order it to stop construction; If corrective measures can be taken to eliminate the impact on the implementation of the plan, it shall be corrected within a time limit and a fine of more than 5% 10% of the project cost shall be imposed; Unable to take corrective measures to eliminate the impact, it should be removed within a time limit. If it cannot be demolished, the real object or illegal income shall be confiscated, and a fine of less than 10% of the project cost may be imposed.
Administrative Punishment Law of the People's Republic of China
Article 7 provides that:
Citizens, legal persons or other organizations that are subject to administrative punishment for illegal acts shall bear civil liability according to law if their illegal acts cause damage to others.